Seat belts, child seats, phones and drowsy driving

Key points

1. The driver must wear a seat belt and can be fined up to $50 for not buckling up.

   Source: Chapter 8

   “The driver must be properly restrained by a seat belt. The driver can face a fine of up to $50 if they fail to buckle up.”
   New York State Driver's Manual, Chapter 8

2. The driver must make sure every passenger under 16 is restrained, and faces a $25 to $100 fine and 3 points for each violation.

   Source: Chapter 8

   “The driver must make sure that each passenger under the age of sixteen (16) is properly restrained by a seat belt or appropriate child restraint system. The driver can face a fine of $25 to $100 and receive three points on their driver license for each violation.”
   New York State Driver's Manual, Chapter 8

3. A child under 4 must ride in a federally approved child safety seat.

   Source: Chapter 8

   “A child under the age of four (4) must be restrained in a federally approved child safety seat”
   New York State Driver's Manual, Chapter 8

4. A child must ride rear facing until age 2 or until reaching the seat's highest weight or height limit.

   Source: Chapter 8

   “A child must be restrained in the rear-facing position until they are two (2) years old or reach the highest weight or height limit allowed by the car seat manufacturer.”
   New York State Driver's Manual, Chapter 8

5. Children from 4 to 7 need an approved booster seat or similar restraint used with a lap and shoulder belt.

   Source: Chapter 8

   “A child between the age of four (4) and seven (7) must be restrained in an appropriate federally approved child restraint system (commonly referred to as a booster seat) used with lap and shoulder belt.”
   New York State Driver's Manual, Chapter 8

6. Sit with at least 10 inches between the center of your chest and the air bag cover.

   Source: Chapter 8

   “You should sit with at least 10 inches between the center of your chest and the cover of the air bag.”
   New York State Driver's Manual, Chapter 8

7. A first offense for talking on a hand held phone while driving can mean a fine up to $200 and 5 license points.

   Source: Chapter 8

   “For a first offense you could pay a fine up to $200 and receive five license points.”
   New York State Driver's Manual, Chapter 8

8. It is illegal to send or receive texts or emails on a portable electronic device while driving.

   Source: Chapter 8

   “it is illegal to use portable electronic devices, such as cell phones and smart phones, to send or receive text messages or e-mails while driving.”
   New York State Driver's Manual, Chapter 8

9. On long trips, schedule a stop every 100 miles or 2 hours.

   Source: Chapter 8

   “Schedule regular stops for every 100 miles or two hours.”
   New York State Driver's Manual, Chapter 8

10. Do not drive for at least 15 minutes after waking from sleep.

    Source: Chapter 8

    “Do not drive for at least 15 minutes after waking from sleep.”
    New York State Driver's Manual, Chapter 8

Numbers to know

3 questions from the New York practice test

1. 1. What restraint rule applies to a New York child passenger under age four?

   1. The child may use an adult belt in any seating position
   2. The child may ride unrestrained in the rear seat
   3. The child must ride in an appropriate child safety seat
   4. The child needs a restraint only on expressways
   Show answer

   The child must ride in an appropriate child safety seat. New York requires each child passenger to use a correct child restraint, and the manual specifically includes child safety seats among its seat-belt rules. An adult belt alone is not a universal substitute for a young child, and a rear seat or expressway does not cancel the protection requirement. The concrete cue is the passenger's age and size: select the child restraint appropriate for that child, secure it correctly, and keep every occupant restrained before moving.

2. 2. What portable-device activity does New York prohibit while driving?

   1. Listening to a lawfully mounted navigation prompt
   2. Using a hands-free telephone at any time
   3. Sending or receiving a text message or email
   4. Checking the vehicle's outside mirrors
   Show answer

   Sending or receiving a text message or email. New York prohibits using a portable electronic device to send or receive text messages or emails while driving. The rule targets the hand-held task, so a driver should not read, type, or tap through a message at a stop in traffic and assume the danger has disappeared. A hands-free telephone is treated differently in the manual, and mirror checks support safe operation. Put the device away before moving and handle navigation before entering traffic.

3. 3. Which condition does New York tell drivers to avoid driving in?

   1. Checking mirrors before changing lanes
   2. Scanning for pedestrians at an intersection
   3. Driving after becoming fatigued
   4. Keeping children in an appropriate restraint
   Show answer

   Driving after becoming fatigued. New York identifies fatigue as a dangerous driving condition and tells drivers not to drive when they are fatigued. Tired drivers react more slowly, notice less, and may make poor judgments even on a familiar route. Mirror checks, pedestrian scanning, and an appropriate child restraint support safe driving rather than distract from it. The practical cue is the driver's condition before starting: if fatigue is present, stop and recover instead of relying on caffeine, loud music, or a short trip to make the risk disappear.

Source: the New York State Driver's Manual, Chapter 8: Defensive Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.